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The government has decided to allow patent protection
for embedded software . As of now, software applications
embedded in hardware were provided only copyright protection.
The ordinance issued by the NDA government on Sunday
night to comply with India's commitment to the WTO provide
for award of patents to software embedded in hardware
applications like mobile phones, TVs and computers.
Provisions relating to patenting of software-related
inventions when they are in combination with hardware
have been modified, Commerce & Industry Minister
Kamal Nath said.
The facility is available for these inventions when
they have technical applications to industry. The modification
will help Indian industry, which is strong in software,
to protect its intellectual property rights (IPR), he
said
Nasscom had supported the idea of bringing embedded
software under patents, the minister said. Thereafter,
consultations were held with various stakeholders.
Various sectors of the Indian economy, including biotech
and software , would benefit with the introduction of
product patents, Mr Kamal Nath said.
A large number of patent applications are being submitted
by Indian companies which are increasing their expenditure
on research and development, he added
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